Village of New Hyde Park, NY Article VI Nonconforming Buildings and Uses

§ 195-14 Continuance of nonconforming uses.

[Amended 2-20-1979 by L.L. No. 3-1979; 9-8-2004 by L.L. No. 4-2004]

The following regulations shall govern the continuation, termination, modification and certification of nonconforming uses.

A. Continuation. Any legal nonconforming use existing at the time of the passage of any amendment to this chapter may be continued.

B. Change in use. A legal nonconforming use may not be changed to a different nonconforming use unless a special permit therefor shall have been received from the Board of Trustees.

C. Abandonment and destruction. Whenever a legal nonconforming use shall have been abandoned for a term of six months, or whenever the structure in which a legal nonconforming use is located is substantially destroyed, the land, building or structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use unless a special permit therefor shall have been received from the Board of Trustees. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A structure in which a legal nonconforming use is located shall be substantially destroyed, if the cost to repair and replace the structure exceeds 50% of the current structural replacement value thereof.

D. Enlargement or extension. No structure in which a legal nonconforming use is located may be enlarged or extended unless the use therein is changed to a conforming use or unless a special permit for such enlargement or extension shall have been granted by the Board of Trustees.

E. Structural alteration. Subject to the approval and consent of the Board of Trustees, any legal nonconforming use may be structurally altered, provided that the cost of such structural alteration shall in no case exceed 50% of the then-existing structural value.

F. Authority to determine legal nonconforming uses. The Zoning Board of Appeals may, after public hearing on the written verified application of the owner of property claiming a legal nonconforming use thereon, confirm such use by determining that such use is, in fact, a legal nonconforming use.

(1) Evidence to accompany application to determine legal nonconforming use. Every application under this section shall state or be accompanied by an affidavit or affidavits stating the evidentiary facts claimed to establish such use as a legal nonconforming use and shall be filed in duplicate with the Zoning Board of Appeals. The Zoning Board of Appeals may, in its discretion, require the production of additional evidence and make whatever independent investigation it may deem necessary.

(2) Confirmation or denial of legal nonconforming use. The Zoning Board of Appeals, upon the evidence submitted to and obtained by it, shall make and file with the Village Clerk a written determination confirming or denying that such use is a legal nonconforming use and stating the facts which it finds to be established by such evidence, the basis of such findings and the conclusions it has drawn from such findings.

(3) Issuance or denial of certificate of occupancy.

(a) Upon confirmation by the Zoning Board of Appeals of any legal nonconforming use pursuant to this section, the Enforcement Officer shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use so confirmed, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this chapter.

(b) Every nonconforming use for which a certificate of occupancy has not been issued, as provided in this section, shall presumptively be an illegal nonconforming use for the purpose of any application to or proceeding before any officer or Board of the Village.

(4) Effect of section. Nothing in this article shall be deemed to make legal or to permit the confirmation of any nonconforming use which is not a legal nonconforming use or to invalidate the use of or require the confirmation of the use of any land, building or structure for which a valid certificate of occupancy has been issued prior to and is in effect on the effective date of the article.